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LEGAL BRIEF
FEBRUARY 2023 FriedmanSimon.com 516-800-8000
YOU CAN’T STOP THE MUSIC
EVEN IN DEATH, THE SONGS REMAIN
Seemingly minor choices can change the future dramatically — something many of our clients have learned quite well after being injured. Such was the case for three musicians on Feb. 3, 1959. Buddy Holly, Ritchie Valens, and The Big Bopper all perished in a plane crash along with their young pilot. On “the day the music died,” bad luck changed many people’s lives and the course of music. Buddy Holly, the most famous of the three musicians, was an early rock n’ roll star famous for hits like “Peggy Sue” and “That’ll Be the Day.” He opened for Elvis Presley, and as an early pioneer of rock artists writing their own songs, he influenced the likes of Bob Dylan and the Beatles. Ritchie Valens was a 17-year-old singer with several big hits, including “Donna” and “La Bamba.” J.P. Richardson, also known as The Big Bopper, was the least famous of the three on the plane, but he was a popular DJ who had scored a handful of humorous novelty hits. The three were touring together, but none were supposed to be on that plane. Buddy Holly was tired from the rigors of touring and decided to skip the bus, chartering a flight to the stop instead. While two band members were to accompany him, fate had other ideas. Valens won one of the seats in a coin toss. Meanwhile, Richardson was ill and convinced none other than Waylon Jennings to give up his place on the plane. Sadly, the pilot missed a weather advisory and crashed a few miles from the destination airport. All four plane occupants died in the crash. The news shocked the music industry, and many fans were distraught. The incident would reverberate for years, with Don McLean eventually writing his lengthy, seminal song “American Pie” about the tragedy. In the tune, McLean relates the emotions many young adults felt upon hearing the news. It felt more significant than the death of three musicians; it was the end of an era. The incident only shows music’s impact on so many of our lives.
can become such a big part of our lives that we feel like we know the artists. Our music preferences are markers of our personalities, and our favorite songs are with us in times of joy and sadness. Fortunately, the music itself never really dies once it’s recorded. We can continue listening to our favorite musicians for decades after they’ve left us. While artists like Freddie Mercury and John Lennon died far too young, they also left countless gifts for us to cherish forever. Their work continues to help many people through the good times and bad. Life can throw a lot of curveballs at us, so we should make the most of every moment we have. I hope we can all make more time to dance to a favorite song with someone we love. And when times are
tough, I also hope we’ll remember that music is there to help us to process our emotions and pick up the pieces.
-John G. Papadopoulos
Every generation has musical tragedies, from Kurt Cobain to Amy Winehouse, but they hit us differently than other celebrity deaths. Music
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Ridesharing isn’t going anywhere. Americans took 6.9 billion trips in 2019 via Uber alone, with Lyft and other rideshare services likely increasing that number substantially. But the more time rideshare drivers spend on the road, the more likely they are to have an accident. A report from the University of Chicago found that rideshare use causes nearly 1,000 additional car accidents per day. Fortunately for consumers, in certain instances outside the five boroughs, New York law requires rideshare services to provide their drivers with substantial insurance coverage. In other instances, there still may be a way to obtain additional coverage if the accident involves a rideshare vehicle, even in the five boroughs where the city’s TLC laws apply. In one case our firm recently handled, two elderly sisters were crossing the road at the same time. Before they finished crossing, a distracted rideshare driver accidentally hit the women, who each suffered multiple broken bones and spent months in the hospital and rehabilitation facilities after several surgeries. We have unfortunately seen horrifying accidents such as that without adequate insurance coverage, but thankfully, in this instance, our clients qualified for coverage under a rideshare policy, and we were able to negotiate a significant multimillion dollar settlement on their behalf. The rideshare coverage is not automatic, factors such as the location of the accident, or whether the app is being utilized by the driver at the time of the accident can affect how much an accident victim is able to claim in compensation. In other words, the case with the elderly pedestrians probably would have worked out differently if the driver had turned off his app for a break before he hit them. Few motorists have personal insurance comparable to rideshare coverage. This reality is one of many reasons why it’s wise for everyone to carry supplemental uninsured motorist coverage to protect family members in case of a hit and run accident or an accident with a minimum insurance policy vehicle, and to call experienced attorneys such as those here at Friedman & Simon after any car accident. ARE YOU COVERED? Understanding Rideshare Insurance
Though technology makes everyday tasks a bit easier, sometimes, the best thing a business owner can do is unplug and recharge! Running a business is a time-consuming and stressful effort. But by stepping back, you can reset and get a fresh perspective on your work. START SMALL. Create small habits if you can’t go an entire day without technology! Try starting your morning completely unplugged until you get into the office, or step away from your devices for an hour or two during the day. When you start small, you can build from there! SCHEDULE EMAIL TIME. We are all too familiar with an overwhelming email stream. We wake up and fall asleep to it, and if we’re not careful, the constant interruptions can run our entire day! If you want to cut down on screen time, schedule email checks. You can make a commitment to address them in the morning or maybe the late afternoon. But during after-hours, establish a hard cutoff time! Inform your employees and clients of your available time frame — set an expectation for more productivity and communication. CHOOSE A SECOND IN COMMAND. Suppose you’re dedicated to checking out now and then. In that case, it can be beneficial to have someone handle anything that may arise. Consider someone trustworthy and reliable, and give them an overview of day-to-day operations. You can explain what can and cannot be done and alert other employees that all questions and concerns be directed to this person. MAKE TIME FOR YOURSELF. When you’re at work, your main priority is to focus on your business and clients. But when you pack up and head home, you must take time for yourself! Do activities you love, spend quality time with family and friends, and put away your laptop and phone. That email or call can wait until the next business day begins. Pulling the plug on technology can feel intimidating as a business owner, but give it a try! You may be surprised at how refreshed you feel returning to work. Take Time to Unplug! Return to Work Recharged
To that end, if you’ve been the victim of a rideshare accident, the case could be a minefield filled with loopholes and coverage disputes. Never attempt to resolve these cases alone. Let Friedman & Simon fight the battle on your behalf and secure the highest possible settlement.
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5 Feel-Good Movies TO CHASE AWAY THE BLUES
Are you stuck in a TV rut and starting to feel down in the dumps? (Thanks, seasonal depression.) If so, check out one of these heartwarming movies for a pick-me-up. 1. ‘RESCUED BY RUBY’ — If your family loves dogs, this kid-friendly flick will be a real crowd-pleaser. It stars a pup named Ruby, who starts life as a shelter dog. After a state trooper rescues her, she becomes a search-and-rescue worker who finds and saves people. A true story inspired the uplifting tale, and according to some reviews, you may want to have tissues ready. 2. ‘YES DAY’ — Imagine spending an entire day saying “yes” to everything your kids requested. Congratulations: You’ve stepped into the plot of “Yes Day”! In this film, parents Alison and Carlos go along with their kids’ wildest desires and watch family bonding magic unfold. The Raising Children Network recommends this movie for adults and older kids only.
cartoon hero named Chickenhare, who is 50% rabbit, 50% bird, and 100% confused about his place in the world. He’s also on a quest with friends to defeat his evil uncle before it’s too late. Think of the film as a funny, adventurous, family-friendly take on the classic tale “The Ugly Duckling.” 4. ‘DUMPLIN’’ — Mashable called “Dumplin’” “the definition of sweet.” The movie stars Rosie (played by Jennifer Aniston) as a pageant- obsessed former beauty queen whose daughter, Willowdean, doesn’t fit conventional beauty standards. When Willowdean enters her mom’s pageant in a protest complete with dancing and Dolly Parton tunes, she sparks a small-town revolution. This movie is recommended for children ages 13 and up. 5. ‘WE CAN BE HEROES’ — Since its release in 2020, this superhero movie has quickly become a family favorite. The story opens with an aliens-versus-superheroes showdown, and when the aliens win and take the heroes hostage, their kids come to the rescue. As the title implies, the film will leave you feeling like you can be a hero, too. SUDOKU
3. ‘CHICKENHARE AND THE HAMSTER OF DARKNESS’ — The plot of this animated movie is as creative as its title! It follows a
Curried Steak With Scallion Rice and Peas Inspired by MarthaStewart.com
Ingredients
• 1 lb flank steak, room temperature
• 4 tbsp extra-virgin olive oil, divided • 1 bunch scallions, thinly sliced, white and light-green parts separated from dark-green tops • 8 oz sugar snap peas, trimmed and halved on the bias
• Kosher salt and ground pepper • 3 tbsp massaman curry paste, divided • 1 1/4 cups white rice • 2 1/2 cups water, divided
Directions
1. Season steak with salt and pepper. Brush with 1 tbsp curry paste, and let stand 10 minutes. 2. In a saucepan, combine rice, 1 3/4 cups water, 1 tbsp oil, and 3/4 tsp salt. Bring to a boil, then stir, cover, and reduce heat to low. Simmer about 15 minutes before adding white and light-green scallions. Cover to steam. 3. Heat a large cast-iron skillet over medium-high heat. Swirl in 1 tbsp oil. Add the steak, flipping once; cook this for 7–9 minutes, then transfer to a carving board. 4. Reduce the skillet to medium heat, then add 1 tbsp oil and the remaining 2 tbsp curry paste. Cook this for 1 minute. Add 3/4 cup water and cook until reduced, about 30 seconds. Transfer to a bowl and cover. 5. Wipe skillet clean, then add remaining 1 tbsp oil. While stirring, add snap peas. Season with salt and cook this until crisp-tender, about 2–3 minutes. 6. Fluff rice before stirring in scallion tops. Slice steak against the grain, then serve with rice, peas, and curry sauce.
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INSIDE THIS ISSUE 1 2
Remembering the Day the Music Died Ways to Disconnect From Technology Are You Covered for a Rideshare Accident? A Cinematic Cure for Seasonal Depression Curried Steak With Scallion Rice and Peas Retrain Your Brain With Habit Tracking
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YES, HABIT TRACKING ACTUALLY WORKS! THE EASY WAY TO STAY MOTIVATED
Back in the 1980s and ’90s, almost every sports movie included a training montage — and no montage was complete without a giant paper calendar hanging on the hero’s wall. As time ticked by and the big game or contest approached, the hero crossed the days out one by one. Each square was a success, and it was another day of training down! It sounds silly, but according to habit expert and “Atomic Habits” author James Clear, that giant calendar isn’t just movie magic. It actually works! For some people, tracking their habits — literally writing down their successes and failures in order to keep a record — is an effective way to build and stick with new routines, like New Year’s resolutions. In his book, Clear writes that habit tracking works because it makes a particular behavior “obvious, attractive, and satisfying.” Tracking our habits in a visible place (like a calendar
on the wall) reminds us to keep our “streak” of good behavior alive and holds us accountable if we mess up. It also just feels good to cross a square off of the calendar.
build better spending habits, put your credit card statements (which track your spending automatically) front and
center. If you want to take more steps each day, buy a Fitbit so you don’t have to count them. That said, if you go the pen-and-paper route — or prefer an Excel spreadsheet — Clear suggests
“The most effective form of motivation is progress,” Clear explains. “When we get a signal that we are moving forward, we become more motivated to continue
tracking your habit immediately after you finish it. That
down that path. In this way, habit tracking can have an additive effect on motivation. Every small win feeds your desire.” You don’t need to use a ’90s calendar to track your habits in 2022. Instead, Clear recommends leveraging technology to make tracking as easy as possible. If you want to
way, you’ll associate your positive behavior with the rush of satisfaction you get from checking a day off the calendar. To learn more about Clear’s methods and download his free Habit Tracker Template, visit AtomicHabits.com/tracker.
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